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Ban on Designating Plant Products as Dairy: Between Market Regulation and Over-Protection of the Consumer
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Ban on Designating Plant Products as Dairy: Between Market Regulation and Over-Protection of the Consumer
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Journal Article
Ban on Designating Plant Products as Dairy: Between Market Regulation and Over-Protection of the Consumer
2018
Overview
[...]with extension of the above-mentioned ban even to the hypothesis in which there is no likelihood of confusion, the Court effectively outlines an excessive protection of the consumer, ie even if his or her rights to be informed are not impaired. [...]a measure can be dismissed only if manifestly inappropriate, having regard for the objective which the competent institution is seeking to pursue. 11 As far as common organisation of agricultural markets is concerned, such objectives “consist, in particular, in improving the economic conditions for the production and marketing as well as the quality of such products. [...]a comparison of the technical rules and procedures adopted in order to regulate the various sectors of the market cannot constitute a valid basis for the purpose of proving the complaint of discrimination between dissimilar products which are subject to different rules”. [...]on the one hand, permission is given to the food business operators to make autonomous marketing choices, although with the limits spelled out above; on the other hand, this freedom is limited to some market sectors only, justifying this stance by virtue of an apodictic call to consumer protection, even when such protection is not needed at all. * Food Lawyer and Managing Partner at LEX Alimentaria, Italy–pisanello@lexalimentaria.eu. ** Sant’Anna School of Advanced Studies, Pisa–l. ferraris@santannapisa.it. 1 Case C-422/16, Verband Sozialer Wettbewerb eV v TofuTown.com GmbH (TofuTown) [2017].
Publisher
Cambridge University Press,CAMBRIDGE UNIVERSITY PRESS
Subject
